TERMS AND CONDITIONS
Please read these Terms and Conditions (“Terms”), a legal agreement between Emopract Pvt. Ltd., a Private Limited Company registered under the provisions of Companies Act, 2013, of India, having its registered office at Bhakta Tower, KB-22, KB Block, 1st Floor, Sector 3, Salt lake, Kolkata – 700106, India (hereinafter referred to as “emopract”, “Company”, “We”, “Us”, “Our” including its affiliates and agents) of the one part and “Member” (defined below) and “Users” (defined below) (together referred to as “You” / “Your(s)”) of the other part.
The Terms have been drafted in compliance with the (i) the Indian Contract Act, 1872, (ii) the (Indian) Information Technology Act, 2000, and the rules, regulations, guidelines and clarifications framed thereunder, including the (iii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”).
These Terms shall govern use of and access to the website emopract.com accessible through desktops, mobile phones, smart phones and tablets which includes the computer software, associated media, collaterals, and online or electronic documentation that offers a portal for Member(s) and User(s) to avail “Services” (defined below) to help, assist and take care of their well-being.
Please carefully go through these Terms and the privacy policy available at emopract.com before you decide to access or use the Website and the Services mentioned thereunder. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between You and emopract in connection with Your access and use of the Website. By clicking “Sign up”, “Log in”, “Register Now” or “Create an Account for a Member” or similar tabs at the time of registration, or subscribing, or by entering into an agreement with emopract or through the continued use and accessing the Website, You accept the Terms and consent your approval to the provisions of the Terms as laid down hereinbelow. The Company requires You to abide by the terms and conditions stated below as a condition for using the Website, the Services offered, purchase of Services, performance of Services, payments made, content, tools and functionality provided, transactions implemented on or through this Website. In addition, when using particular Services or materials on the Website, You shall also be subject to any posted rules applicable to the use of such Services or materials that may contain terms and conditions in addition to those in these Terms. All such additional guidelines or rules are hereby incorporated by reference into these Terms. If you do not agree and do not wish to be bound by the Terms, you have the right not to access or use the Website.
These Terms of Use should be read in conjunction with the “Privacy Policy” (defined below) which is deemed to have been incorporated herein by way of reference.
The contents available on the Website are available for Your general information and use only. We reserve the right to modify, discontinue or terminate the Website or Services offered thereunder or to change these Terms at any time. You acknowledge and agree that it is your responsibility to review these Terms from time to time and to familiarize yourself with any modifications. If we modify these Terms, we will post the modification on the Website and share the same through the registered email id of the Member. Your continued access to or use of the Website after we have posted a modification will constitute acknowledgement of the modified Terms and agreement to abide by and be bound by the modified Terms. We will periodically inform You about any changes to the rules and regulations, Privacy Policy and changes made to the same on the Website, and in case of non-compliance with the rules and regulations, Privacy Policy, we shall have the right to terminate the access or usage rights of Members and Users to the Services immediately or remove non-compliant information, as per the situation. If the modified Terms are not acceptable, You may cease using the Website and the Services by sending a written letter to the Grievance Officer at the below mentioned address regarding non-acceptance of the Terms.
DEFINITIONS
“Confidential Information” shall mean any and all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to the User Information, Member Information; all types of data, information, ideas, processes, procedures, software specifications, technical processes, product designs, business plans, projections, marketing data, data files, standard operating procedures, guidelines, policies, processes, client information, pricing strategies, budget and other similar information provided by one party to the other; documentation, the existence and contents of this Agreement or agreements between Company and the Member whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, client and prospect lists, trade secrets, or proposed trade names, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.
“Effective Date” means the Date on which You accept these Terms by clicking ‘Sign Up’, ‘Sign in’, ‘Log In’ or ‘I Accept’ or ‘Create Account’ or “Register Now”.
“emopract Joys of living Star and Wellness Buddy” shall be the respective team member from emopract who will be offering Services as per the Membership Plans to the concerned Member(s).
“Emopract Team Member(s)” shall mean the team member other than emopract Joys of living Star and Wellness Buddy from emopract who may be offering Services availed by the Member or providing any additional Services.
The contents available on the Website are available for Your general information and use only. We reserve the right to modify, discontinue or terminate the Website or Services offered thereunder or to change these Terms at any time. You acknowledge and agree that it is your responsibility to review these Terms from time to time and to familiarize yourself with any modifications. If we modify these Terms, we will post the modification on the Website and share the same through the registered email id of the Member. Your continued access to or use of the Website after we have posted a modification will constitute acknowledgement of the modified Terms and agreement to abide by and be bound by the modified Terms. We will periodically inform You about any changes to the rules and regulations, Privacy Policy and changes made to the same on the Website, and in case of non-compliance with the rules and regulations, Privacy Policy, we shall have the right to terminate the access or usage rights of Members and Users to the Services immediately or remove non-compliant information, as per the situation. If the modified Terms are not acceptable, You may cease using the Website and the Services by sending a written letter to the Grievance Officer at the below mentioned address regarding non-acceptance of the Terms.
DEFINITIONS
“Confidential Information” shall mean any and all information and materials furnished by a party which: (a) if in written format is marked as confidential, or (b) if disclosed verbally is noted as confidential at time of disclosure, or (c) in the absence of either (a) or (b) is information which a reasonable party would deem to be non-public information and confidential. Confidential Information shall include, but not be limited to the User Information, Member Information; all types of data, information, ideas, processes, procedures, software specifications, technical processes, product designs, business plans, projections, marketing data, data files, standard operating procedures, guidelines, policies, processes, client information, pricing strategies, budget and other similar information provided by one party to the other; documentation, the existence and contents of this Agreement or agreements between Company and the Member whether such is transmitted in writing, orally, visually, (e.g. video terminal display) or on magnetic media, and shall include all proprietary information, client and prospect lists, trade secrets, or proposed trade names, know-how, concepts, drawings, flow charts, diagrams and other intellectual property relating to the subject matter of this Agreement.
“Effective Date” means the Date on which You accept these Terms by clicking ‘Sign Up’, ‘Sign in’, ‘Log In’ or ‘I Accept’ or ‘Create Account’ or “Register Now”.
“emopract Joys of living Star and Wellness Buddy” shall be the respective team member from emopract who will be offering Services as per the Membership Plans to the concerned Member(s).
“Emopract Team Member(s)” shall mean the team member other than emopract Joys of living Star and Wellness Buddy from emopract who may be offering Services availed by the Member or providing any additional Services.
“Intellectual Property” shall mean all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. Intellectual Property includes patents, trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know how, inventions, formulae, confidential or secret processes, trade secrets, related and neighboring rights and any other protected rights or assets and any licenses and permissions in connection therewith, in each and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing.
“Intellectual Property Rights” shall mean all rights arising out of and/or in connection with the Intellectual Property existing now or in the future, including the rights to secure registrations, renewals and extensions thereof.
“Member” shall refer to the User who is a senior citizen who has signed the Membership Agreement and the Services offered thereunder. In cases where the senior citizen is not capable of entering into a contract on his/her own, it will also include the Next of Kin of the senior citizen who will enter into the Membership Agreement on behalf of the senior citizen.
“Membership Agreement” shall be the additional agreement that will be signed between the Member and emopract and which shall contain all Services and plans that will be offered to the Member.
“Next of Kin”/ “NoK” should be a spouse/legal heir / close relative of the Member who is of sound mind, and above 18 years of age and is authorized to make decisions on behalf of the Member. It shall be implied that Next of Kin is legally empowered to engage in shared decision-making on behalf of the Member for any medical emergency that may arise.
“Services” refer to the elder care services and such other services as added from time to time offered to Members.
“User” refers to any individual who merely browses the Website but does not register as a Member and does not avail any Services offered therein.
“User Information” means personal information pertaining to the User, such as the User’s name, address, contact information, date of birth, and such other information as the Company may require to be submitted from time and time or as the case may be.
All other capitalized terms shall have the meaning ascribed to them in the other Terms.
REGISTRATION AS A MEMBER AND SERVICES OFFERED TO MEMBERS BY EMOPRACT
Services offered to Members
emopract offers various membership plans to its Members which may include various Services being offered on a monthly, quarterly or annual basis. These plans may be offered to the Member alone or to their spouse depending upon the membership plan that the Member selects. The complete details with respect to the Services offered under each membership plan is provided here[RS3] [S.G.S4] The User will select the membership plan they want and then enter into a Membership Agreement depending upon the plans that they select.
Registration as a Member
In order access, browse, view and avail the Services available on the Website, You will need to create an account (“Account”) and register on the Website as a Member. The Account can be created manually by You, or Your Next of Kin on the Website and subsequently a Membership Agreement will have to be executed between the parties.
To create an Account and register, You represent, warrant and covenant that You are a senior citizen of or above the age of 60 (sixty) and are competent to contract under applicable laws and if You are the Next of Kin registering on behalf of the senior citizen then You represent, warrant and covenant that You are of the age of majority and the Member is of or above the age of 60 (sixty) and that You have the authority to enter into the Membership Agreement on behalf of the Member. That You as the Member or as the Next of Kin of the Member will provide accurate and complete registration information (including, but not limited to Your and/or the Member’s First name, Last name, e-mail address, phone number, residential address and a user name and password you will use to access the Website - “Member Information”) of the Member when filing the emopract onboarding registration form available on the Website and to keep the Member Information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate termination of the Account. The Member Information uploaded by You may be verified by emopract.
While registering on the registration form, You as the Member have to specify the Membership Plan that You have opted for and if You wish to avail any other additional Services that emopract is offering then You can select those Services in the registration form.
Upon registering the Member will be required to pay the subscription fees depending upon the membership plan and Services that You select. The Services will be activated within twenty-four (24) hours from the time the amount is credited by You in the bank account of the Company and the same is reflected in the Company’s bank statement. The Services will be activated on the date the details relevant to the provision of Services are confirmed by Us (“Activation Date”).
The Member unconditionally and explicitly accepts and acknowledges all the terms and conditions. Then all obligations and responsibilities will be deemed to be Yours or Your Next of Kin, if in the event the Member is of unsound mind or medically unfit to understand to enter into the Agreement. It is further assumed that the Next of Kin is legally empowered to engage in shared decision making on behalf of the Member for healthcare and the same will have to be explicitly verified and confirmed while submitting or signing the registration form and the Membership Agreement.The Next of Kin may be required to submit documents to show that they are related to the Member.
You agree that once an account for the Member is created, You agree that You and Your Next of Kin shall maintain the confidentiality of Your username and password and strictly prohibit sharing with any other person (other than NoK) to access Your account on the Website. If there is any suspicion regarding the unauthorized use of Your account on the Website, You are requested to inform the Company immediately. In that case, the Company reserves the right to temporarily deactivate Your account or You have also been provided a right, post creation of such account to terminate it by deleting the same for a temporary period till the Company can resolve the issue. Upon informing the Company related to such unauthorized activity, the deactivation of such an account by the Company may be done without any prior notice having been issued to the Member.
Upon registering on the Website, You will be sent a confirmation on the registered email address or on the registered phone number provided by You while filling the Registration Form.
The Member acknowledges that their telephonic conversations and chat interactions with emopract’s Joys of living Star and Wellness Buddy and other support staff may be recorded and utilized for training and quality assurance purposes.
You shall not (a) create an Account for anyone other than Yourself or on behalf of the Member as their Next of Kin ; (b) use a User Name that is the name of another person with the intent to impersonate that person; (c) use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization; or (d) use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
The Member acknowledges that granting access to their property at the registered address is necessary for rendering the Services. Our emopract Joys of living Star and Wellness Buddy or Emopract’s Team Member(s) require access to the property at the registered address when called upon by the Member for availing the Services. During emergency health issues, if access to the property at the registered address is blocked or inaccessible, we reserve the right to forcefully enter and provide Services without being held responsible for any delay or inability to render Services. Any damage caused due to forceful entry during emergency situations shall be borne by the Member.
In the event of emergencies, Ouremopract Joys of living Star and Wellness Buddy or Emopract’s Team Member(s) may endeavor to perform life-saving measures on the Member to the best of their abilities. However, in the event that such life-saving measures may result in untoward consequences or injury or loss of life, then Us/Our personnel shall not be held responsible or liable for any untoward consequences including loss and/or damages except when the Member or its Next of Kin can prove it in the court of law that the personal injury, loss of life or death of the Member was directly caused due to gross medical negligence on the part of the emopract Joys of living Star and Wellness Buddy or Emopract’s Team Member(s). Our 24/7 Emergency Co-ordination Services, are subject to intimation to emopract of the emergency by the Members or their NoK. We will not be responsible for any inability to render Services in the event the intimation is not received by Us.
Payment
Specific fee structure (“Membership Fee”) for each Membership Plans is clearly stated[RS5] on the Website and the same will be evident in the Registration Form.
Membership Fees shall be paid in advance by the Member or NoK for the specific Membership Plans at the time of filling up the Registration Form.
Additional Services will be charged at prevailing rates with applicable terms and conditions.
Refunds
In the event that the Company terminates the Services for any reason(s), then You shall not be entitled to claim any refund or compensation for the termination of such Services. If You are dissatisfied with the Services, please send an email to Megha Chakraborty, Grievance Officer at [email protected]. We will make an attempt to resolve your issues. If the issues remain unresolved, You may choose to terminate the Services; however, no refund will be provided in such a case.
Non-Transferability
Membership subscriptions for the Services are non-transferable and cannot be assigned to any other person under any circumstances.
Term
Unless terminated or ceased earlier in accordance with the provisions of these Terms or the Membership Agreement, the Member shall be entitled to avail the Services which shall commence on the Activation Date and shall continue for the duration the Member continues to avail the Services offered by the Company under a Membership Agreement ("Term").
CONDUCT IN USING THE PLATFORM
The Member(s) who will use the Services of the Company, are informed to use the Services at their own risk, free will and have the sole responsibility to provide accurate and complete information to the Company. It is their duty to provide complete medical history and updated reports to seek any medical services.
The Company will not be responsible for authentication of medical records, nor will we verify the medical records. The Company shall be entitled to maintain digital records of Member’s clinical history.
The Members agree to abide by and follow all instructions placed or provided by the Company from time to time in respect of use or availing the Services.
The Members shall be responsible for the safekeeping and safety of Member’s personal property of goods and belongings, including but not limited to money, jewellery, dentures, hearing aids or any other luxury goods.
The Members or their family members, friends or any person who will visit the house of the Member must be aware not to misbehave, assault, threaten, mishandle or detain any emopract’s Joys of living Star and Wellness Buddy or Emopract’s Team Members against their wishes. If such a situation arises, the Member will be responsible for any contingencies/harm caused directly or indirectly due to the acts or omission of the Member or their family members, friends or any person who visits their house.
If the Member(s) or their family members, friends, or any person who will visit or stay at the Member’s house have any communicable diseases, they must inform the Company and their emopract’s Joys of living Star and Wellness Buddy or Emopract’s Team Members about the same.
The Company reserves the right to monitor or review the contents, comments, and communications/contributions posted by the User or Member on the Website at its sole discretion. You, as the User or Member, have full responsibility for the content you submit, including its legality, reliability, accuracy, and appropriateness. The Company shall not bear any liability related to the contents or accuracy of any such message/content and reserves the right to remove messages/content that include any material deemed abusive, defamatory, obscene, or otherwise unacceptable. The Company may take any action deemed necessary or appropriate if it believes that such communications violate the Terms and Conditions or could create liability for the Company.
The Company further reserves the right to remove any such post of the Users without prior notice/intimation if it undermines the reputation of the Company or violates any other applicable law.
GRANT OF RIGHTS
Website and Website Content: The Website is owned and operated by emopract. emopract owns all rights, title, and interest, including all Intellectual Property Rights such as copyright, trademarks, trade secrets, patent, and other proprietary rights in and to the Website, the present or future modifications thereof, and standard enhancements thereto. You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, reverse engineer, or create derivative works of the Website and/or emopract Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership. Modification of the material or the content on the Website, use of such material on any other Website or networked computer environment, or use of the materials for any purpose other than those stipulated in these terms is a violation of our Intellectual Property Rights and is prohibited.
Limited License to use the Website and emopract Content: We grant the Member a non-exclusive, personal, non-transferable, revocable, and limited right to have access to and make use of the Website and Services offered therein only for the duration the Member is registered on the Website and in accordance with the terms contained therein. You are not permitted to reproduce, duplicate, copy, sell, or otherwise exploit the Website or any image, service description, price, page layout, page design, trade dress, trademark, logo, or other emopract Content for any commercial purpose, except as expressly provided. You shall not copy, make derivative works, transmit, post, link, deep link, redistribute, sell, decompile, modify, reverse engineer, or translate the Website. You shall not use any automated system, such as a page-scrape, robot, spider, or other device, program, algorithm, or methodology, nor any manual process, to access, acquire, copy, or monitor any part of the Website or its content. Additionally, you shall not reproduce or circumvent the navigational structure or presentation of the Website or its content to obtain or attempt to obtain any materials, documents, or information not intentionally made available through the Website. You shall not breach any security mechanisms or authentication measures used by or connected to the Website, nor shall you attempt to unlawfully access, decode, or use any other illicit methods to gain unauthorized access to the Website. You shall not use the Service in any way that could damage, disable, overburden, impair, interfere with, or disrupt the Services. Additionally, you shall not sell, sublicense, or distribute any material from the Website, nor shall you use the Website for advertising or marketing purposes. These Terms do not and shall not transfer any ownership or proprietary interest in the Website or emopract Content to You, except as may be otherwise expressly provided herein or as may be agreed to by and between the Parties.
Member Content: Member Content may be defined as any materials or information that the Member provides while registering, uploading, posting, writing reviews, or transmitting to this Website, including but not limited to images, text, data, medical or personal sensitive data, sketches, photos, drawings, graphics, digital images, or any combination thereof, including the registered Member information.
Guidelines for Member Content: Members who wish to upload any Member Content must adhere to the following guidelines. emopract reserves the right to remove or reject any Member Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on, or termination of, the Member's Account.
Ownership of Member Content: Members must honor the Intellectual Property Rights of others. Members shall not upload, post, or distribute any Member Content in which they do not own copyright. In addition, Members shall not upload, post, or distribute any Member Content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name, or trade dress, copyright in artistic or literary work of any other person or entity, (iii) infringes any third party's rights of privacy or publicity, or (iv) infringes any third-party Intellectual Property Rights.
Commercial activity: Members shall not upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, software viruses, political campaigning, commercial solicitation, mass mailings, "junk mail," "spam," "chain letters," or "pyramid schemes" or other such solicitations
Misuse of other User Content: Members shall not misuse, copy, replicate or infringe any Intellectual Property Rights of other Members or Users on the Website. If You are found copying or replicating or imitating the designs or downloading pictures of Services of other Members or Users, then he/she will be blacklisted from the Website.
REPRESENTATIONS AND WARRANTIES
By registering as a Member, you represent and warrant that:
You are a senior citizen of or above the age of 60 (sixty) years and that you are legally competent to contract in accordance with applicable laws both within and outside India, and must have the authority to enter into this Agreement. emopract reserves the right to terminate your account and/or deny you access to the Services if it is discovered that You are not a senior citizen or are not competent to contract, or if any information provided by you is inaccurate. It is your sole responsibility to ensure that you meet the required qualifications.
If a Next of Kin (NoK) is representing you, they must be of legal age and competent to contract in accordance with applicable laws both within and outside India, and must have the authority to enter into this Agreement. emopract reserves the right to terminate your account and/or deny you access to the Services if it is discovered that your NoK is underage, not competent to contract, or if any information provided by you is inaccurate. It is your sole responsibility to ensure that you meet the required qualifications;
The Member Information provided by You during registration for the Services is accurate, authentic and complete and that You will keep the information accurate and up-to-date. Failure to do so shall constitute a breach of the Terms, which may result in immediate deletion/cancellation of the Account and inability to use the Website;
You shall not use the Service to send or receive any messages that are offensive on moral, religious, racial, or political grounds, or that are abusive, indecent, obscene, defamatory, or menacing;
You shall not print, download, duplicate, copy, delete, alter, or amend any data or personal information posted by other users on the Website, except for the data and information You have posted yourself.
All information provided by You in connection with your billing information, such as name, billing address, credit or debit card information, and bank account details, is correct, verified, and true;
You are responsible for safeguarding Your password or other personal/financial details. You agree that You will not disclose Your password/financial details to any third party and that You will take sole responsibility for any activities or actions that happen through Your Account or on the Website, whether or not You have authorized such activities or actions. You will immediately notify emopract of any unauthorized use of Your Account or any authorized use of Your personal/financial details;
You represent that You shall not use the Website and/or Application in violation of any applicable laws or any other code of conduct;
You shall not violate or attempt to violate the security of emopract’s Website or any websites linked to emopract’s Website, nor gain unauthorized access to any information regarded as private by other users or persons. This includes, but is not limited to, accessing data and information not intended for you, logging onto a server or account which you are not authorized to access, attempting to probe, scan, or test the vulnerability of a system or network, or attempting to breach security or authentication measures;
In the event that You breach any of the above-mentioned covenants, and the Company becomes aware of such violation, the Company reserves the right to delete any material relating to the violations without prior notice to you. The Company may issue a warning to discontinue any activity leading to the violations and, if you continue such activity, the Company has the unilateral right to suspend or deactivate your access to emopract’s Website, the Service, and/or any other related facility. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy to recover losses suffered by the Company and harm caused to its reputation due to such violations by You.
The Company represent and warrant that:
The Company is duly incorporated under the laws of India and is capable of entering into this Agreement and be bound by the terms of this Agreement.
The Website is designed for informational purposes only. The Website does not provide any medical advice, diagnosis or recommendations about the medical treatment, and does not recommend or endorse any products or information for any particular circumstances;
You expressly acknowledge and agree that the Company is not responsible for any result of any decisions made by You based on the information and the contents of the Website. The content of the Website is not intended in any way to be a substitute for professional medical advice. The Services provided via the present Website is not to be intended to be relied upon for any medical diagnosis, prognosis and/or treatment;
The Company represents that any links present on the Website directed to other website(s) are solely provided for the convenience of the Member or the User of the Website in order to gather more information. The Company does not endorse the linked website(s) or take responsibility for the contents of the linked website(s). The Company cannot be held liable for any contents present on the linked website(s).
The Company shall to the best of their ability conduct an initial background check of the emopract Joys of living Star and Wellness Buddy and Emopract Team Members before they are sent to provide Services to the Member(s). However, if Members wish to conduct additional verification or background checks on the emopract Joys of living Star and Wellness Buddy and Emopract Team Members, they are permitted to do so.
DISCLAIMER
You agree that use of the Website shall be at Your own risk. To the fullest extent permitted by law, the Company and its officers, manager, directors, employees, successors, assigns, subsidiaries, affiliates, suppliers, and agents disclaim all warranties, express, implied statutory or otherwise, or any guarantees in connection with this Website, the quality, suitability, truth, accuracy or completeness of the Website, any information or material contained or presented on this Website, the Services offered through this Website, or any data, Services materials, offered by other third parties through any links or other sources through the Website.
No warranty or guarantee is provided as to the accuracy, timelines, performance, completeness or suitability of the information and material found or offered on the present Website. In the course of You using the present Website, You acknowledge that the information and the materials present on the Website may contain inaccuracies or errors and the Company excludes itself from any such liabilities arising from such inaccuracies and errors to the fullest extent permitted in law. Please note that Your use of any information or materials present on the Website is at your own risk, for which the Company shall not be liable. It shall be your own responsibility to check/ensure that the product, Services and information available on the Website meets your specific requirement and expectation;
GRIEVANCE REDRESSAL MECHANISM
In accordance with (i) Information Technology Act, 2000, and the (ii) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the Website or Services, including those pertaining to breach of the Terms of Use or any other policies are published as under:
Name: | Megha Chakraborty |
Designation: | Manager – Human Asset |
Phone: | 9230977326 |
Email Id: | |
Postal Address: | emopract Pvt. Ltd., Bhakta Tower, KB-22, KB Block, 1st Floor, Sector 3, Salt lake, Kolkata – 700106, India |
Time: | Monday – Friday (10am-6pm) |
MISCELLANEOUS PROVISIONS
Entire Agreement: These Terms of Use constitute the entire agreement between the User and the Company with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the Company.
Severability: If any provision of these Terms of Use or the Membership 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 these Terms of Use or the Membership Agreement, and the remainder of these Terms of Use or the Membership 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, these Terms of Use and the Membership 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.
Survival: Clauses that shall survive termination include those clauses relating to disclaimer of warranties, limitation of liability, indemnity, and miscellaneous provisions.
Applicable Law and Jurisdiction: These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of India. Subject to the arbitration clause hereinabove, the courts at Kolkata shall have exclusive jurisdiction in respect of all the subject matter with relation to the disputes arising under these Terms of Use.
Waiver: No failure or delay by a party in exercising any right, power or privilege under these Terms of Use shall operate as a waiver thereof, nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any right, power or privilege hereunder.
