This Site/Application/Services is/are operated/provided by "Karuna o Kartabya " a Private Limited Company
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.
This electronic record is generated by a computer system and does not require any physical or digital signatures. By accessing this Site/Application/Services, you are consenting to be bound by these user terms and the privacy policy.
Please ensure that you read and understand all these user terms before you use the site/Application/Services.
If you do not accept any of the User Terms, then please do not use the Site/Application/Services or avail any of the services/Services being provided therein.
✔ These terms and conditions (“User Terms”) read with the Privacy Policy available on the Site/Application/Services constitutes a legal binding agreement (“Agreement”) between you and "4dadnmum" and shall apply to and govern your visit to and use, of the Site/Application/Services (whether in the capacity of an user or a partner vendor) and any of its products or services whether through a computer or a mobile phone as well as to all information, recommendations and or Services provided to you on or through the Site/Application/Services.
✔ This Agreement defines the terms and conditions under which you are allowed to use the Site/Application/Services and describes the manner in which we shall treat your account while you are registered as a member with us. These User Terms apply to the Services made available by "4dadnmum" on the Site/Application/Services including various products offered by "4dadnmum", the Services rendered by vendor partners listed on the Site/Application/Services, to various users including medical practitioners and other users/visitors of the Site/Application/Services.
✔ We reserve the right to store information on a User’s computer in the form of “cookie” or similar file for purposes of modifying the Site/Application/Services to reflect the User’s preference. "4dadnmum" shall try to ensure that all information that is provided on the Site/Application/Services with respect to policies / products/Services are accurate in all respects and are kept up to date. However, "4dadnmum" does not guarantee the timeliness, accuracy, completeness, reliability or content of the information and any changes that are made with respect to the same and the visitor/Customer is required to check the accuracy of the same with the office of "4dadnmum".
✔ "4dadnmum"s performance to this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of "4dadnmum"s right to comply with governmental, court and law enforcement directions relating to the use of this Site/Application/Services or information provided to/gathered by "4dadnmum" vis-à-vis such use.
✔ "4dadnmum" may introduce new services in relation to the Site/Application/Services from time to time. The existence and availability of the new services will be notified on the Site/Application/Services as and when they become available and any revisions in the Terms & Conditions will take place in accordance with these Terms & Conditions.
✔ In addition, "4dadnmum" may also publish notices of general nature, which are applicable to all visitors or Customers in a newspaper or on its Site/Application/Services. Such notices will have the same effect as a notice served individually to each visitor or Customer
✔ Your acceptance of the User Terms shall be deemed to include your acceptance of the Privacy Policy available at the Site/Application/Services.
✔ The Site/Application/Services is deemed to be in use when it is loaded in a temporary or permanent memory of your computer/Mobile or any other electronic gadget. DEFINITIONS
All of the defined and capitalised terms in these User Terms will have the meaning assigned to them here below:

✔ “Account” shall mean the account created by the Customer on the Application for availing the Services provided/facilitated by "4dadnmum".
✔ “Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or parliament, laws, ordinances, rules, by-laws, regulations, notifications, guidelines, policies, directions, directives and orders of any governmental authority, tribunal, or a court of India.
✔ “Application” shall mean our mobile application and/or website as updated by "4dadnmum" from time to time.
✔ “Customer/ You/User” shall mean and include:
A medical practitioner or healthcare/wellness provider (whether an individual professional or an organisation/pathology labs or any of their subsidiaries/ medical stores or chain of stores or similar institution wishing to be listed, or already listed, and providing healthcare services, on the Site/Application/Services, including designated, authorised associates of such practitioners or institutions (“Practitioner(s)”, “You” or “User”); or
An individual availing this service on his/her consent, being or not being sponsored/promoted by any organisation/body to utilise the services through the Site/Application/Services, his/her representatives or affiliates, searching for availing health and medical services through the Site/Application/Services; or.
Otherwise a user of the Site/Application/Services who has an Account on the Site/Application/Services (“End User”).
A visitor of the Site/Application/Services.
✔ “Force Majeure Event” shall mean any and all events arising due to any cause beyond the reasonable control of "4dadnmum"
✔ “"4dadnmum"” or “us” or “we” or “our” shall mean "4dadnmum" a Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office at Plot # 572 & 554, Jaydev Vihar, Nayapalli , Bhubaneswar-751013 , which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its successors, affiliates and permitted assignments.
✔ “Registration Data” shall mean and may include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by "4dadnmum" from the Customer from time to time for registration on the Application.
✔ “Services” shall mean the various categories of Services including the following made available through the Site/Application/Services:
For vendor partners
a. Outreach of vendor partners and their profiles along with options made available to the other Users and visitors of the Site/Application/Services for consultations;
For other Users the facility to:
Create and maintain ‘Health Accounts’
Search for vendor partners by specialty, services offered or any other criteria that may be developed and made available by "4dadnmum";
Make appointments with vendor partners ;
To avail other services offered by "4dadnmum" and its partners, like but not limited to, medicine delivery, diagnostics, home-healthcare, track fitness activities and health vitals, etc.
✔ “Site” shall mean the Application and the website operated by "4dadnmum" or any other software that enables the use of the Site/Application/Services or such other URL as may be specifically provided by "4dadnmum".
✔ “T&Cs” and “User Terms” shall mean these Customer terms and conditions. ELIGIBILITY You will be “Eligible” to use the Services only when you fulfil all of the following conditions: (i) you have attained at least 18 (eighteen) years of age. (ii) you are competent to enter into a contract under the Applicable Laws. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into contracts such as this User Terms due to age, you must abide by such age limits.
REGISTRATION/MEMBERSHIP AND MANNER OF USAGE OF ACCOUNT
✔ You understand and acknowledge that you can register on the Site only after complying with the requirements of this as entailed above and by entering your Registration Data.
✔ You shall ensure that the Registration Data provided by you is accurate, complete, current, valid and true and is updated from time to time. We shall bear no liability for false, incomplete, old or incorrect Registration Data provided by you.
✔ You are solely responsible for maintaining the confidentiality of your Registration Data and will be liable for all activities and transactions that occur through your Account, whether initiated by you or any third party.
✔ Your Account cannot be transferred, assigned or sold to a third party.
✔ We shall not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge.
✔ We reserve the right to suspend or terminate your Account with immediate effect and for an indefinite period, if We have a reason to believe that the Registration Data or any other data provided by you is incorrect or false, or that the security of your Account has been compromised in any way, or for any other reason We may find just or equitable.
✔ Except for the Registration Data or any other data submitted by you during the use of any other service offered through Site (“Permitted Information”), "4dadnmum" does not want you to, and you should not, send any confidential or proprietary information to "4dadnmum" on the Site or otherwise, unless otherwise is required by Applicable Laws. In accepting these User Terms you agree that any information or materials that you or individuals acting on your behalf provide to "4dadnmum" other than the Permitted Information will not be considered confidential or proprietary.
✔ It is your responsibility to check to ensure that you download the correct application for your device. We are not liable if you do not have a compatible mobile device or if you download the wrong version of the Application for your mobile device. We reserve the right to terminate the Service and the use of the Application should you be using the Service or Application with an incompatible or unauthorised device.
✔ We allow you to open only one Account in association with the Registration Data provided by you. In case of any unauthorised use of your Account please immediately reach Us at 4dadnmum@gmail.com In case you are unable to access your Account, please inform Us at 4dadnmum@gmail.com and make a written request for blocking your Account.
✔ We will not be liable for any unauthorised transactions made through your Account prior to the expiry of 72 (seventy-two) hours after you have made a request in writing for blocking your Account, and shall not have any liability in case of Force Majeure Events.
✔ By using the Application or the Service, you further agree that:
(i) you will only use the Service or download the Application for your sole, personal use and will not resell or assign it to a third party;
(ii) you will not use an account that is subject to any rights of a person other than you without appropriate authorization;
(iii) you will not use the Service or Site for unlawful purposes;
(iv) you will not try to harm the Service, Site or our network in any way whatsoever;
(v) you will provide "4dadnmum" with such information and documents which "4dadnmum" may reasonably request;
(vi) you will comply with all Applicable Law from your country of domicile and residence and the country, state and/or city in which you are present while using the Site or Service; and
(vii) you are aware of and shall comply with the Information Technology Act, 2000 and the rules, regulations and guidelines notified thereunder.
✔ "4dadnmum" reserves the right to immediately terminate the Service and the use of the Application in the event of non-compliance with any of the above requirements. Further, "4dadnmum" will store the information provided by you or record your calls for contacting you for all Service related matters including obtaining feedback in relation to the Services provided/facilitated through the Site/Application/Services. you shall promptly inform "4dadnmum" on any change in the information provided by you.
✔ "4dadnmum" or an authorised representative of "4dadnmum", shall provide information regarding services, discounts and promotions provided by "4dadnmum" to you by way of an SMS or email to your registered mobile number/registered email ID. you also have the option to discontinue receiving such information at any point of time. To discontinue receiving such information, you may at any point of time visit the specific link provided in the Site/Application/Services to discontinue the same.
✔ "4dadnmum" will be entitled to process and transfer your information as and when it deems fit and it may store or transfer your information in a server outside india or the country where you are located in order to perform "4dadnmum"s obligations under these customer T&C.
✔ You agree and permit "4dadnmum" to share any information provided by you with third parties in order to facilitate provision of Services including certain value-added/ancillary services offered by such third parties to you and/or to provide Services including certain value-added services to you by "4dadnmum". you hereby expressly consent to receive communications from "4dadnmum" / third parties offering Services/value-added services to you through your registered phone number and/or e-mail id and/or the Site.
✔ You agree that you will not hold "4dadnmum" responsible for any such communications received from third parties, nor will any such communication amount to spam, unsolicited communication or a violation of your registration on the national do not call registry. Further, you agree that "4dadnmum" may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of providing seamless efficient service
✔ Without prejudice to the generality of the above, 4dadnmum , will not be liable for
Any wrong medication or treatment quality being given by the Practitioner(s), or any medical negligence on part of the Practitioner(s)
Any type of inconvenience suffered by the User due to a failure on the part of the Practitioner to provide agreed services or to make himself/herself available at the appointed time, inappropriate treatment, or similar difficulties;
Cancellation or rescheduling of booked appointment;
Any medical eventualities that might occur subsequent to using the services of a Practitioner, whom the User has selected on the basis of the information available on the Site Application or with whom the User has booked an appointment through the Site/Application/Services.
Any error in the medical services provided by the associated bodies/partners/service providers;
✔ Further, 4dadnmum shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the services provided by another User.
✔ The option of Users to give feedback remains at 4dadnmum ’s sole discretion and may be modified or withdrawn at its sole discretion. 4dadnmum may moderate such feedback at any time. 4dadnmum shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Practitioner from the Application/Site. JURISDICTIONAL ISSUES
✔ Unless otherwise expressly set forth herein, 4dadnmum makes no representation that materials on this Site/Application/Services are appropriate or available for use in any location. Those who choose to access this Site/Application/Services do so on their own initiative and are responsible for compliance with local laws. The Services/products which are part of the Site/Application/Services do not constitute an offer to sell or a solicitation of an offer to buy any offers/products to any person in any jurisdiction where it is unlawful to make such an offer or solicitation.
✔ Except as specifically set forth herein the information contained on this Site/Application/Services is not an offer to sell or any product or service. No product or service is offered or will be sold in any jurisdiction in which such offer or solicitation, purchase or sale would be unlawful under the services or other laws of such jurisdiction. Some products and Services may not be available CONSULTING SERVICES
✔ Any decision to purchase any membership of 4dadnmum will be based solely on your independent evaluation of the membership of 4dadnmum , and your need for the same. you have the responsibility to determine whether the membership offered by 4dadnmum satisfies your requirements.
✔ It is your responsibility to evaluate the completeness, accuracy or usefulness of any opinion, guidance or other content made available on the Site/Application/Services and you should consult your own legal counsel, business advisor and tax advisor as to the legal, business, tax and related matters concerning any policies with respect to which guidance is sought or given. We have provided the relevant information in relation to the policies/products on the Site/Application/Services.
✔ In the event you require any further information or assistance, he/she may contact us at info@4dadnmum solutions.com LIMITATION OF LIABILITY
✔ The information, recommendations and/or Services provided to you on or through the Site/ Application are for general information purposes only and does not constitute advice. 4dadnmum will reasonably keep the Site/Application/Services and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
✔ 4dadnmum shall not be liable for any damages resulting from the use of or inability to use the Site/Application/Services, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
✔ In no event shall 4dadnmum shall be liable for:
Provision of or failure to provide all or any service by vendor partners or listed third parties to users contacted or managed through the Site/Application/Services;
Any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site/Application/Services;
Any unauthorised access to or alteration of your transmissions or data; or
Any other matter relating to the Site/Application/Services or the Service.
✔ If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of 4dadnmum shall be the minimum permitted under Applicable Law.
✔ Under no circumstances, including but not limited to negligence, shall 4dadnmum , its employees and directors, its suppliers and its third party advisors be liable to you for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Site/Application/Services, with the delay or inability to use this Site/Application/Services or any links or items on the Site/Application/Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through this Site/Application/Services, or otherwise arising out of the use of this Site/Application/Services, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Site/Application/Services or obtained or messages received or transactions entered into through or from the Site/Application/Services or resulting from unauthorised access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.
✔ You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Site/Application/Services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Site/Application/Services. Policy/ies are marketed and/or distributed solely by 4dadnmum and are not in any way associated to or being sold, marketed or offered for sale by the Payment Gateway Service provider and the Payment Gateway Service provider shall not be liable for the same.
✔ All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the Insurance Regulatory and Development Authority, the Securities and Exchange Board of India, the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any service on the Site/Application/Services. 4dadnmum does not guarantee or warranty that there will be uninterrupted access to and/or use of the Payment and Delivery Mechanism. 4dadnmum shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of 4dadnmum to perform any of its obligations under these Terms & Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues. NO DOCTOR PATIENT RELATIONSHIP FOR EMERGENCY USE
✔ Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Site/Application/Services (including information provided in direct response to your questions or postings) may be provided by individuals in the medical profession. The provision of such Information does not create a licenced medical professional/patient relationship, between 4dadnmum and you and does not constitute an opinion, medical advice, or diagnosis or treatment of any particular condition, but is only provided to assist you with locating appropriate medical care from a qualified practitioner.
✔ It is hereby expressly clarified that, the Information that you obtain or receive from 4dadnmum , and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Site/Application/Services, including chatbot, is for informational purposes only. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the Site/Application/Services. In no event shall 4dadnmum be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
✔ The Services are not intended to be a substitute for getting in touch with emergency healthcare, like suicidal tendencies and severe mental ailments. If you are an End-User facing a medical emergency (either on your or another person’s behalf), please contact an ambulance service or hospital directly. CONTACT
✔ You authorise 4dadnmum to call, send SMS and email on the contact number and email ID (made available by you on our Site/Application/Services) and offer you information and services for the product/Services you have opted for. you authorise us to call, SMS or email you for the mentioned purpose, irrespective of whether you register with the NDNC registry.
✔ 4dadnmum may from time to time send by e-mail or otherwise, information relating to products and services offered by its Affiliates, general information related to financial and other services, life and general insurance products. For sake of clarification, above mentioned right of 4dadnmum shall continue to be in effect irrespective of your termination of Agreement/deletion of your Account
✔ 4dadnmum will be authorised to contact you for
Obtaining feedback in relation to Site/Application/Services or 4dadnmum ’s services.
Obtaining feedback in relation to any vendor partners listed on the Site/Application/Services.
Connecting for any further details like diagnostics, medicine delivery requests, product redemptions, consultation management, etc.
Resolving any complaints, information, or queries by vendor partners regarding your critical content;
You agree to provide your fullest cooperation further to such communication by 4dadnmum against every Practitioner listed in the Site/Application/Services, you get an option to ‘Book an Appointment’. When you choose this option, you choose to schedule a video/audio/chat session with the doctor through technological services provided by 4dadnmum , and the records of such calls may be recorded and stored in 4dadnmum ’s servers. Such records are dealt with only in accordance with the terms of the Privacy Policy. 4dadnmum shall not be responsible for negligence or breach of confidentiality obligations qua such information by the Practitioner or other service providers engaged in providing Services. INDEMNIFICATION
✔ By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold 4dadnmum , its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys, vendor partners , third party service providers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party \or (c) your use or misuse of the Application or Service.
TERM AND TERMINATION OF USER TERMS
✔ Unless terminated, the Agreement between 4dadnmum and you is perpetual in nature upon downloading the Application and availing the Services through the Site/Application/Services
✔ 4dadnmum reserves the right to suspend or terminate a User’s access to the Site/Application/Services and the Services with or without notice and to exercise any other remedy available under law, in cases where such user breaches any terms and conditions of the Agreement; .
✔ A third party reports violation of any of its rights as a result of your use of the Services.
✔ 4dadnmum is unable to verify or authenticate any information provided to 4dadnmum by a User
✔ 4dadnmum has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or;
✔ 4dadnmum believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for 4dadnmum or are contrary to the interests of the Site/Application/Services.
✔ Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Site/Application/Services under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Site/Application/Services by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices
✔ Termination of this agreement will not prejudice accrued rights of either 4dadnmum or you.
✔ Clauses pertaining to Indemnification, Liability, Intellectual Property Ownership, Term and Termination, Notice and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms. INVALIDITY OF ONE OR MORE PROVISIONS
✔ The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
✔ CONFLICT- In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and 4dadnmum , the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
All claim payouts/reimbursement, cashless etc. will be as per our policy as applicable to Customers.
All transactions, which cannot be carried out instantaneously, shall be carried out during working hours either on the same day or on the next working day or such further period as may be determined and/or specified by 4dadnmum depending upon the time of logging of the transaction.
All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the Insurance Regulatory and Development Authority, the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any service on the Site/Application/Services.
● APPLICATION LICENCE
1. Subject to your compliance with these User Terms, 4dadnmum grants you a limited, revocable, non-exclusive, non-transferable and non-sub-licensable licence to download and install a copy of the Application on a device that you own or control and to run such copy of the Application solely for your own personal use and to use the Site.
2. You shall not (i) licence, sublicence, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or Site in any way; (ii) modify or make derivative works based upon the Service or Application; (iii) create Internet “links” to the Service or “frame” or “mirror” any Site on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Site in order to (a) design or build a competitive product or service, (b) design or build a product using similar ideas, features, functions or graphics of the Service or Site, or (c) copy, reproduce, record, or make available to the public any ideas, features, functions or graphics of the Service or Site, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Service or Site.
3. You shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of Applicable Laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Site, the Application or Service or the data contained therein; or (v) attempt to gain unauthorised access to the Site, the Application or Service or its related systems or networks.
4. 4dadnmum will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. 4dadnmum may involve and cooperate with law enforcement authorities in prosecuting Users who violate these User Terms. you acknowledge that 4dadnmum has no obligation to monitor your access to or use of the Site, or posted content, but has the right to do so for the purpose of operating the Site and Service, to ensure your compliance with these User Terms, or to comply with Applicable Law or the order or requirement of a court, administrative agency or other Governmental body. 4dadnmum reserves the right, at any time and without prior notice, to remove or disable access to any content that 4dadnmum , at its sole discretion, considers to be in violation of these User Terms or otherwise harmful to the Site, the Service or Application.
● FORCE MAJEURE
We shall not be liable for any failure to perform any obligations under this User Terms, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case our obligations under this User Terms shall be suspended for so long as the Force Majeure Event continues.
● INDEMNIFICATION
By accepting these User Terms and using the Service, you agree that you shall defend, indemnify and hold 4dadnmum , its affiliates, their licensors, and each of its officers, directors, other users, employees, attorneys, vendor partners , third party service providers and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these User Terms or any Applicable Law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party \or (c) your use or misuse of the Application or Service.
● LIMITATION OF LIABILITY
1. The information, recommendations and/or Services provided to you on or through the Site/ Application are for general information purposes only and does not constitute advice. 4dadnmum will reasonably keep the Site/Application/Services and its contents correct and up to date but does not guarantee that (the contents of) the Site is free of errors, defects, malware and viruses or that the Site is correct, up to date and accurate.
2. 4dadnmum shall not be liable for any damages resulting from the use of or inability to use the Site/Application/Services, including damages caused by wrong usage of the Site, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the Information or the or Application.
3. In no event shall 4dadnmum shall be liable for:
1. Provision of or failure to provide all or any service by vendor partners or listed third parties to users contacted or managed through the Site/Application/Services;
2. Any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Site/Application/Services;
3. Any unauthorised access to or alteration of your transmissions or data; or
4. Any other matter relating to the Site/Application/Services or the Service.
4. If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of 4dadnmum shall be the minimum permitted under Applicable Law.
5. Under no circumstances, including but not limited to negligence, shall 4dadnmum , its employees and directors, its suppliers and its third party advisors be liable to you for any direct, indirect, incidental, special or consequential damages or any damages whatsoever including punitive or exemplary (including, but not limited to, damages caused by any virus, personal injury, loss of profits, data or other intangible, business interruption, loss of privacy, or any other pecuniary loss), arising out of or in any way connected with the use/delivery/performance of this Site/Application/Services, with the delay or inability to use this Site/Application/Services or any links or items on the Site/Application/Services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through this Site/Application/Services, or otherwise arising out of the use of this Site/Application/Services, whether based on contract, tort, strict liability or otherwise, or for cost of procurement of substitute goods and repair & correction services or resulting from the use of this Site/Application/Services or obtained or messages received or transactions entered into through or from the Site/Application/Services or resulting from unauthorised access to or alteration of your transmissions or data, even if we have been advised of the possibility of such damages.
6. You agree that we shall not be liable for any damages arising from interruption, suspension or termination of the Site/Application/Services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. However, in no event shall our liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing the Site/Application/Services. Policy/ies are marketed and/or distributed solely by 4dadnmum and are not in any way associated to or being sold, marketed or offered for sale by the Payment Gateway Service provider and the Payment Gateway Service provider shall not be liable for the same.
7. All transactions that are carried out by and on behalf of the Customer shall be subject to Government notifications, the rules, regulations and guidelines issued by the Insurance Regulatory and Development Authority, the Securities and Exchange Board of India, the Reserve Bank of India, and those of other regulatory bodies defining rules/regulations governing the offer of any service on the Site/Application/Services. 4dadnmum does not guarantee or warranty that there will be uninterrupted access to and/or use of the Payment and Delivery Mechanism. 4dadnmum shall not be liable if any transaction does not fructify or may not be completed or for any failure on part of 4dadnmum to perform any of its obligations under these Terms & Conditions or those applicable specifically to its services/facilities if performance is prevented, hindered or delayed by a Force Majeure event (defined below) and in such case its obligations shall be suspended for so long as the Force Majeure event continues.
● THIRD PARTY WEBSITES
The Site/Application/Services may be linked to the website of third parties, affiliates and business partners. However, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked website, unless specifically stated herein. We are not responsible for examining or evaluating, and we do not warrant the offerings of any businesses or individuals or the content of their websites. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. you should carefully review the legal statements and other conditions of use of any website which you access through a link from this Site/Application/Services. your linking to any other off-site websites is at your own risk.
4dadnmum has no control over, and is not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through our Site/Application/Services. 4dadnmum assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your equipment or access to your account, use of, or browsing the Site/Application/Services or the downloading of any material, data, text, images, video content, or audio content from the Site/Application/Services. If you are dissatisfied with the Site/Application/Services, your sole remedy is to discontinue using the Site/Application/Services.
4dadnmum shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained at the Site/Application/Services.
4dadnmum reserves the rights to display sponsored ads on the Site/Application/Services. Without prejudice to the status of other content, 4dadnmum shall not be liable for the accuracy of information or the claims made in the Sponsored Listings. 4dadnmum does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. 4dadnmum will not be liable for the services of the providers of the Sponsored Listings. you represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and 4dadnmum accept no liability for the same.
● INTELLECTUAL PROPERTY OWNERSHIP
1. 4dadnmum alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to (i) the Site, Application, product, Service and any suggestions, ideas, enhancement requests, feedback, recommendations or any other offering; (ii) text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or (iii) other information provided by you or any other party relating to the Site, Application or the Service. Third party trademarks may appear on this Site/ Application and all rights therein are reserved to the registered owners of those trademarks. For use of any third party’s intellectual property, you need to get permission directly from the owner of the intellectual property for any use.
2. These User Terms do not constitute a sale and do not convey to you any rights of ownership in or related to the Site, the Application or the Service, or any intellectual property rights owned by 4dadnmum . you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Site/ Application.
● TERM AND TERMINATION OF USER TERMS
1. Unless terminated, the Agreement between 4dadnmum and you is perpetual in nature upon downloading the Application and availing the Services through the Site/Application/Services.
2. 4dadnmum reserves the right to suspend or terminate a User’s access to the Site/Application/Services and the Services with or without notice and to exercise any other remedy available under law, in cases where,
i) Such User breaches any terms and conditions of the Agreement; .
ii) A third party reports violation of any of its right as a result of your use of the Services.
iii) 4dadnmum is unable to verify or authenticate any information provided to 4dadnmum by a User;
iv) 4dadnmum has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or;
v) 4dadnmum believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for 4dadnmum or are contrary to the interests of the Site/Application/Services.
3. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Site/Application/Services under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Site/Application/Services by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.
4. Termination of this agreement will not prejudice accrued rights of either 4dadnmum or you.
5. Clauses pertaining to Indemnification, Liability, Intellectual Property Ownership, Term and Termination, Notice and Applicable Law and Dispute Resolution and such other provisions which are intended to survive the termination, shall survive the expiry/termination of these User Terms in accordance with their terms.
● INVALIDITY OF ONE OR MORE PROVISIONS
1. The invalidity of any term of these User Terms shall not affect the validity of the other provisions of these User Terms. If and to the extent that any provision of these User Terms is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these User Terms.
2. CONFLICT- In the event of any contradiction or inconsistency between this User Terms and any other agreement executed between you and 4dadnmum , the terms of the User Terms shall prevail unless the exception has been expressly agreed to in writing by making reference to the relevant Clause sought to be modified under this User Terms.
● DISCLAIMER No Warranty
Although all efforts are made to ensure that information and content provided as part of the Site/Application/Services are correct at the time of inclusion on the Site/Application/Services, however, there is no guarantee to the accuracy of the Information. We do not make representations or warranties as to the fairness, completeness or accuracy of Information on the Site/Application/Services/Services. There is no commitment to update or correct any information that appears on the Internet or on the Site/Application/Services. Information is supplied upon the condition that the persons receiving the same will make their own determination as to its suitability for their purposes prior to use or in connection with the making of any decision. Any use of the Site/Application/Services or the information is at your own risk.
No Liability
The Services provided by 4dadnmum or any of its licensors or service providers/partners are provided on an “as is” and “as available” basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). 4dadnmum does not provide or make any representation, warranty or guarantee, express or implied about the Site/Application/Services or the Services. 4dadnmum does not guarantee the accuracy or completeness of any content or information provided by users on the Site/Application/Services. To the fullest extent permitted by law, 4dadnmum disclaims all liability arising out of the your use or reliance upon the Site/Application/Services, the Services, representations and warranties made by other users or any content or information provided by the users on the Site/Application/Services.
● AUTHORITY TO 4dadnmum
The Customer/you hereby authorises 4dadnmum to carry out his instructions, effecting such transactions as may be permitted by 4dadnmum from time to time, in accordance with these Terms & Conditions and such other terms as may be specified by.
● EVIDENCE OF TRANSACTIONS
For any transaction which may be permitted by 4dadnmum from time to time, 4dadnmum ’s own records of such transactions maintained through computer systems or otherwise, shall be accepted as conclusive and binding for all purposes. The record of The Transaction as generated from the systems of 4dadnmum shall be conclusive proof of the genuineness and accuracy of such transactions.
● RESTRICTIONS ON USE
4dadnmum owns and holds all the rights for the information, contents, audio, video, logos and trademarks contained in this Site/Application/Services. Any reproduction, modification, creation of derivate works, distribution, transmission, copying, selling, displaying, publishing or using any of the information, contents, audio, video, logos and trademarks contained in this Site/Application/Services for any purpose whatsoever, whether electronically or otherwise, without the prior written permission of 4dadnmum is strictly prohibited. Any violation of this provision would be strictly dealt with. you may download material displayed on this Site/Application/Services for your personal use only, provided that you also retain the clauses pertaining to all copyright and other proprietary notices contained in the materials.
you acknowledges and affirms that you shall not:
1. Engage in fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any use.
2. Use the Site/Application/Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including threatening or obscene material or engage in any kind of illegal activity.
Although 4dadnmum may, from time to time, monitor or review any facilities, if established or otherwise offered at the Site/Application/Services for discussions, chats, postings, transmissions, bulletin boards, and the like on the Site/Application/Services, 4dadnmum is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site/Application/Services. you are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. 4dadnmum will fully cooperate with any law enforcement authorities or court order requesting or directing 4dadnmum to disclose the identity of anyone posting any such information or materials.
● USE OF INFORMATION
The content is available for informational purposes only. The posting of contents and access to this Site/Application/Services does not render, either explicitly or implicitly, any provision of Services or products by us. All advertisements contain only an indication of cover offered by the products. For more information, please read the policy wordings before concluding a sale.
● RESERVATION OF RIGHTS
We reserve the right to change, modify, add to, or remove discounts, portions of these terms of use at any time, subject to IRDAI regulations as amended time to time & 4dadnmum ’s policy.
● PRIVACY POLICY
In the process of using this Site/Application/Services, the Privacy Policy as set forth in the Site/Application/Services www.4dadnmum solutions.com shall be applicable.
● MODIFICATION OF THE SERVICE AND USER TERMS
1. 4dadnmum reserves the right, at its sole discretion, to modify or replace, in part or full, any of these User Terms, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Site/Application/Services at any time.
2. 4dadnmum shall not be required to notify you of any changes made to these User Terms. The revised User Terms shall be made available on the Site. you are requested to regularly visit the Site to view the most current User Terms. It shall be your responsibility to check these User Terms periodically for changes. your continued use of the Site/Application/Services constitutes acceptance of the changes and an Agreement to be bound by User Term, as amended.
● NOTICE
Notices under these Terms & Conditions may be given by 4dadnmum to the Customer in writing by delivering them to the last address given by the Customer. Customers may give notice to 4dadnmum by delivering them to the address mentioned on Site/Application/Services. In the case of hand delivery, cable, telex, facsimile notices or electronic communication notices or instructions will be deemed served 7 days after posting or upon receipt as the case may be. Documents, which may be sent by electronic communication between the parties, may be in the form of an electronic mail, an electronic mail attachment, or in the form of an available download from the Site/Application/Services. 4dadnmum shall be deemed to have fulfilled any legal obligation to deliver to the Customer if any such document is sent via electronic delivery.
● EXCLUSIVE AGREEMENT
you agree that these User Terms are the complete and exclusive statement of agreement supersede any proposal or prior agreement, oral or written, and any other communications between you and 4dadnmum relating to the subject matter of these User Terms. These User Terms, as the same may be amended from time to time, will prevail over any subsequent oral communications between you and the Site/Application/Services and/or 4dadnmum .
● ASSIGNMENT
you shall not assign your rights under these User Terms without prior written approval of 4dadnmum . 4dadnmum can assign its rights under the User Terms to any affiliate.
● NO WAIVER
4dadnmum or any of its third party service providers etc. shall not be deemed to have waived any of its/their rights or remedies hereunder, unless such waiver is in writing. No delay or omission on the part of 4dadnmum or service providers, in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.
● APPLICABLE LAW AND DISPUTE RESOLUTION
These User Terms are subject to the laws of India. Any dispute, claim or controversy arising out of or relating to these User Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, the Service or the Application (collectively, “Disputes”) the parties shall attempt to settle the same amicably, through negotiation and consultation at such offices of 4dadnmum as 4dadnmum may designate. In the event the dispute is not resolved internally between after at least 30 (thirty) days of negotiation, in good faith, the same shall be subject to binding and final arbitration in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time or in case the Arbitration and Conciliation Act, 1996 is no longer in force, as per any law relating to arbitration in force at the time of such reference. The reference shall be made to a sole arbitrator appointed by 4dadnmum . The place of the arbitration shall be bhunabeswar, unless otherwise mutually agreed by 4dadnmum and you in writing. Subject to the above, any Dispute will be subject to the exclusive jurisdiction of courts in Bangalore, India.