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Terms and Conditions
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The following T&C follow the use of our website https://www.themyeros.com/. you have to agree that you have read, reviewed properly with clear understanding, and are bound by the terms and conditions specified here mentioned. If you disagree with these T&C you must not continue to use My Eros website. For the purpose of these terms and conditions, the terms JMV Consumers refers to the owner of the website and the terms you or viewer refers to the user/ consumer of the website. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and rules made there under.
GENERAL
Kindly note that the domain name www.themyeros.com (the “WEBSITE”) is owned, managed and operated by JMV Consumers, a propriety firm GSTN- 09KXFPS6525A1Z7 incorporated its registered office at Flat No – B 11, K332, Juggaur, Near Panch Devi Devta Mandir, Chinhat, Lucknow Uttar Pradesh-226028.
If you don’t agree with mentioned Term & condition at any time in part using our website please hold uses or don’t use & connect us help@themyeros.com for further clarity.
For the purpose of these Terms herein above, wherever the context so requires the term “You”, “you” “Your”, “your”, or “User”, shall mean any person who visits, browses, uses or accesses the Platform or avail any Services on the Platform. and shall include (a) the persons who purport to purchase the Products on the Platform by placing an order through the Platform and (b) the persons seeking or availing the Consultation Services being offered by Practitioner listed on the Platform; and (c) the Practitioners who are registered on the Platform; (d) the person who visits and / or registers on the website
The Terms contained in this electronic record read with the Privacy Policy (as defined below) of My Eros, as available and uploaded on the Platform, or any other specific terms and conditions, as applicable or relating to the sale and purchase of the Products and availing and provision which are incorporated herein by reference, shall constitute the entire legally and binding agreement between you and My Eros in connection with your access, usage, visit or use of the Platform for the purchase of Products and availing the Services. Customers are requested to read these Terms carefully before accepting the same and moving forward to using and accessing the Platform or availing any product or service.
In case you do not agree with these Terms, please then please refrain from using and accessing the Platform, registering on the Platform and availing any Services on the Platform.
It is further clarified that by availing the purchasing the Products on the Platform, visiting, viewing, accessing or otherwise using any of the Services or information created, collected, compiled or submitted to the Platform, you are deemed to have agreed to these Terms and all the policies of My Eros Platform.
It is hereby clarified that the My Eros/ Platform may, from time to time, change provisions related to the Services which also include changing of the extent and scope of Services and/ or include any other category of service or facility within the term ‘Services’, at the sole discretion of the Platform. You can determine when these Terms were last revised by referring to last update at the top of these Terms. Customers continued use of the Platform shall be deemed to signify your acceptance of these provisions or amended provisions of these Terms.
My Eros reserves the right to change, modify, amend, or update the Terms, at its discretion, from time to time and such amended provisions of the Terms shall be effective immediately upon being posted/ uploaded on the Platform.
Account creation
Please note that the Platform provides various features and in order to access and use such features, you may require creating your user account on the Platform and becoming a registered user. You can have your own Account and become a Registered User on the Platform by following a signing-up process as provided and detailed herein these Terms which includes filling up of the required information, as mentioned below in a sign-up form and agreeing to the Terms as provided herein below.
– To create an Account and complete the Sign-up process, a User is required to provide the information, which such User recognizes and expressly acknowledges is personal information allowing others, including Us, to identify the User which includes name, User ID, gender, country, ZIP/postal code, age, phone number, password chosen by the User. In addition, at the time of a registered User availing of the Services, the User is required to provide certain sensitive personal information which includes its bank account or card details for undertaking transactions on the Platform for availing the product & Services. In addition, the information provided by the User, and records uploaded by the User on the Platform, logs and details of the exchanges between the purposes of monitoring the correctness of the order placed and for ensuring the quality of the consultation availed by a User.
– It is clarified that by Sign-up you agree to all the Terms herein, Privacy Policy and all other polices of Platform which may be posted at an appropriate location of the Platform.
– Platform shall not be liable for any loss of the Registered User caused by any unauthorized use of the Account and the Registered User, in this respect, shall indemnify My Eros for losses that the My Eros may incur from any other party on account of such unauthorized or fraudulent use of the User’s account.
– You agree that you shall provide accurate and correct information at the time of Sign-up for filling up of the Sing-up Form and Required Information and you shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard.
– You shall log-out from your Account at the end of each session in order to ensure complete security and secrecy of your data and My Eros data.
– You are solely responsible for maintaining the confidentiality of your account, display name and password and you are fully responsible for all activities that occur under the same and My Eros shall not be liable or responsible whatsoever in this regard. You expressly agree that you will immediately notify us about any actual or potential unauthorized use of your account, display name and password or any breach of security or any breach of the Terms by a third party.
– It is clarified that upon receiving a notification/ intimation/ apprehension of any actual or potential unauthorized use of any Account, your account, we may, at our discretion, take action to block access to such Account, display name and password at the earliest and take all other actions as required under the applicable laws.
– The Registered User shall only be responsible for safeguarding the Account, password and all the information and data associated with such Account. For the safety of the data and information in such Account and prevention of any possibility of any unauthorized use thereof, it is suggested to the Registered User to use a strong password and not disclose the password to any third parties.
– In the event of the Registered User becoming aware of any breach of security or unauthorized use of the Account, such Registered User shall take all the reasonable steps to inform Platform in respect of such unauthorized use of the Account and, in this regard, Platform shall not be responsible for any liabilities that such Registered User may incur from the misuse of the Account or password or any data and information contained therein.
– You agree that My Eros cannot and will not be liable for any loss or damage arising from your failure to comply with the Terms.
Access & Modification your information
You can access information provided by on the platform in your account section. If you wish to withdraw your consent for processing your data you may delete your account on our platform including all your information.
You may review, correct, update, change or delete your Personal Information relating to Registration Information and Order Information on the Website by writing to us at the contact details specified below. You can delete any part of the Personal Information or request us to delete the same, and we will comply with such requests within a reasonable time, unless we are required to keep certain information for legal purposes. You may update your Personal Data or Information at any point by writing to us at the details indicated below in the contact section.
We will be unable to provide you with access to our Website or our Services, as described under the Terms, and such a deletion or modification may be regarded as the User seeking to discontinue his or her access to our Website and Services.
We reserve the right to verify and authenticate your identity and your Personal Information in order to ensure accurate delivery of Products and Services. Access to or correction, updating or deletion of your Personal Information or data may be denied or limited by us if it would violate another person’s rights is not otherwise permitted by applicable law.
Use of Information
We use your Information for the following purposes:
– To operate and improve the Website in order to foster a positive User experience and to improve our business as a whole;
– To process and deliver your order with us;
-To enable your access to our Website to purchase Products
– Analyzing data, tracking trends, building algorithms, creating databases for rating systems, recommendations engines, etc.
-For non-targeting reasons such as frequency capping, compliance, billing, ad reporting or delivery, market research or product development purposes;
– To comply with applicable law & to conduct audits and quality assessment procedures;
– To analyze the use of our resources, troubleshooting problems and improving our Products, by using the information regarding your mobile device and software. Contacting Users, both during and after an order, for updates, resolution of queries, order details, consultations, follow-up consultations or offering new products or services;
-To investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms, or as otherwise required by law;
-To respond to any queries that you may have, and to communicate information to you, including notifications of any promotions or alerts, any changes/updates to the Website, or the introduction of any future fees or charges that we may collect at the time for purchasing Products or provision of our Services to you; or
– To contact you, by way of SMS, email and phone calls, from time to time to record your valuable feedback on our Products, as they currently stand, and any potential Products and Services that may be offered in the future.
– Any other purpose which helps to improve customer experience and customer satisfaction.
If you wish to opt out of receiving non-essential communications such as promotional and marketing-related information regarding our Products and Services, please email us at the details provided below in the contact section.
Termination
You agree My Eros, in its sole discretion and for any, including inter alia without limitation if you breach these Terms, may terminate your access to and use of the Platform, at any time. You agree that any termination of your access to the Platform and/ or suspension/ termination of your Account may be effected without prior notice, and in this respect Platform shall not be liable to you for any such termination. Your right to use the Platform immediately ceases upon termination of your access/use of the Platform.
-The provisions of these Terms shall continue to apply until terminated by either of the Party as set for below: (i) In case of User wanting to terminate these Terms, the User may do so by: (i) not accessing the Platform; or (ii)closing their Accounts.
-We reserve the right to, at any time, and with or without notice, terminate these Terms against each of the Users, if there is(i)breach any of applicable law(s) or the provisions of these Terms or the terms of the Privacy Policy or any other terms, conditions, or policies that may be applicable to the User from time to time (or have acted in a manner that clearly shows that the User do not intend to, or are unable to, comply with the same); or(ii)Platform is unable to verify or authenticate any information provided to the Platform by the User;(iii)We believe, in its sole discretion, that the User’s actions may cause legal liability to My Eros/ Platform, (or any of its affiliates, independent contractors, service providers, consultants, licensors, agents, and representatives) or are contrary to the interests of the Platform;(iv) We are required to do so by law; or (v)if the User fails to provide (or after providing such consent, later revoke) the consents necessary or desirable for My Eros to provide the Services to the User;
Liability
In no event shall we, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform; purchase of the Products and availing of Consultation Service; any interaction, communication, dealing and transaction between the User and the Practitioner; and illegal/ unauthorized/ invalid prescription which has been uploaded by the User for purchasing the Products from the Platform.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law. Platform accepts no liability for any loss or damage suffered due to the Users’ reliance on the product reviews posted by Users.
-The User understands and agrees that (i) Platform is not involved in providing healthcare or medical advice or diagnosis and, therefore. is not liable for interaction, communication, dealing and transaction between the User and the Practitioner; (ii) Platform shall not be liable for any content posted, transmitted, exchanged or received by or on behalf of any User or another person on or through the Platform and any unauthorized access to or alteration of your transmission or data; (iii) Platform is not liable for the ability, or lack of it, of the Practitioners to discharge his/her consultation services and obligations towards the User and any inconvenience, difficulty and/or harm caused to the User by such Practitioner.
My Eros and the Practitioner shall not be responsible for any inaccurate/ incorrect information provided by the User on the Platform.
-User will be responsible for and releases My Eros from any and all liabilities, losses, claims and damages that may arise out of or in connection with the disclaimers as mentioned under these Terms and further agrees to hold harmless and indemnify My Eros in this regard.
In no event shall My Eros be liable for failure on the part of the Users or Third Party Advertisers to provide agreed services or to make himself/herself available at the appointed time, cancellation or rescheduling of appointments.
My Eros disclaims any liability in relation to the validity of the advice/ consultation provided by the Practitioner and the validity and legality of the e-prescription for dispensation of medicines. All liabilities arising out of any wrong diagnosis of medical condition by the Practitioners and/ or arising from the e-prescription will be of the concerned Practitioner.
Changes to Policy
We reserve the right to update, change or modify this Privacy Policy at any time. The Privacy Policy shall come to effect from the date of such update, change or modification. If you continue to access or use the Website even after any such changes have been made, it would be deemed to be your implied consent to the changed Privacy Policy.
Miscellaneous
(a) Disclaimer: We cannot ensure that all of your Personal Information will never be disclosed in ways not otherwise described in this Privacy Policy. Therefore, although we are committed to protecting your privacy, we do not promise, and you should not expect, that your Information or private communications will always remain private. As a User of the Website, you understand and agree that you assume all responsibility and risk for your use of the Website, the internet generally, and the information you post or access and for your conduct on and off the Website.
(b) Indemnity:You agree and undertake to indemnify us in any suit or dispute by any third party arising out of disclosure of information by you to third parties either through our Website or otherwise and your use and access of websites, applications and resources of third parties. We assume no liability for any actions of third parties with regard to your Personal Information which you may have disclosed to such third parties.
(c) Severability: Each clause of this Privacy Policy shall be and remain separate from and independent of and severable from all and any other clauses herein except where otherwise expressly indicated or indicated by the context of the Privacy Policy. The decision or declaration that one or more clauses are null and void shall have no effect on remaining clauses of this Privacy Policy.
Contact Related to Grievance
Email: help@themyeros.com
Any feedback or comments about this Privacy Policy will be welcome, and can be sent to help@themyeros.com.
Third Party Advertisements
As part of the Services provided by Us; We facilitate and allow third party advertisers to place advertisements on the Platform in accordance with our advertisement policy.
We clearly distinguish between the editorial content and content that is created or provided by one of our Third Party Advertisers. The advertisements will be labelled as sponsored, or advertisement. This content will not be reviewed by Our in-house editorial staff and shall be subject to the Advertising Policy, these Terms and the Privacy Policy.
Please note that We do not verify any content or information provided by the Third Party Advertisers on the Platform and to the fullest extent permitted by applicable law, disclaim all liability arising out of Third Party Advertisers’ use upon the Platform, availing the Services, content posted by Third Party Advertisers, representations and warranties made by the Third Party Advertisers on the Platform or any loss arising out of the manner in which the Services have been availed by the Users.
The Platform may be linked to the website of third parties, affiliates and business partners. By clicking on the advertisements by Third Party Advertisers, the User may be redirected to a website or other electronic platform of any Third Party Advertisers or receive other messages, information or offers from such Third Party Advertisers. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Platform.Inclusion of any link on the Platform does not imply that we endorse the linked website. The User is wholly liable for all communications and transactions with advertisers. The User acknowledges and agrees that the Platform is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such advertisers.
Users accept and acknowledge that we do not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statute or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and services made available on the Platform by Third Party Advertisers, including any guarantee or warranty that such goods/ products (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; and (iv) do not cause any infringement.
The User acknowledges and agrees that Platform is not responsible for the availability of Third Party Advertisers’ links, content, websites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The User warrants and agrees that the My Eros will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service.
The content on the Platform which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is Our content and the Platform may contain links to/ content of third party websites that are not associated with us. We have no control over any third party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the third party content infringes any intellectual property of any person, such third party shall be solely responsible for any loss caused and we shall not be liable.
Indemnity
In addition and not in derogation of the specific indemnities provided by you to Platform under these Terms and/or policies of Platform, you agree to indemnify, defend and hold harmless the My Eros and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. against any and any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against My Eros / Platform or such party, to the extent such Losses are based on or arising out of or in connection with:
Any breach or non-performance of any of the Terms and/ or other terms and conditions of My Eros Platform with respect to use and access of the Platform, Consultation Service and/ or purchase of the Product; (b) truthfulness andcorrectof the information provided by the User at the time of Sign-up and/ or availing the Services including purchase of the Products and availing consultation Service from the Practitioner; (c) any claim which the Practitioner may have with respect to interaction, communication, dealing, consultation, advice and transaction between the Practitioner and the User; (d) any content posted by the User on the Platform and User’s use of the Services available on the Platform; (e) any third party due to, or arising out of, or in connection with, your use of the Platform and/ or availing of Services; (f) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by you.