Terms & Condition
1. GENERAL CONDITIONS
1.1 Scope and Definitions
1.1.1 The below mentioned General Conditions will apply to all the Services provided by AadiTourism
1.2 Acceptance of Conditions
1.2.1 The following conditions will be applicable to all the
Subscribers to the website www.aaditourism.online The Subscribers signify
their acceptance to these Conditions in full and agree to be bound by
them. It is also agreed by the Subscribers that no access to the
Services will be permitted unless the Conditions are accepted in full.
No Subscriber is entitled to accept part of the Conditions. If a
Subscriber does not agree to the Conditions then such Subscriber shall
not use the Services which include consultation being provided by AadiTourism on its website.
1.2.2 All Subscribers agree to comply
with the Conditions and accept that their personal data may be processed
in accordance with the Privacy Policy. In the event that any Subscriber
fails to comply with any of the Conditions at anytime during the tenure
of their Service, AadiTourism reserves the right to withdraw the User
Account in question and suspend or withdraw all Services pertaining to
that Subscriber without any notice.
2. USE OF THE SERVICE
2.1 User Account and Accuracy of Information
2.1.1 In order to use the Services, each Subscriber may create a User
Account and agree to provide required personal information and documents
requested by AadiTourism.
2.1.2 In particular, a Subscriber can
visit the website and search for the medical solution of his/her
problem. AadiTourism host many articles from the experts including
doctors which provide the best possible solution to a medical problem.
Further, a Subscriber can also subscribe to the new letters or updates
as to articles on various medical problems.
2.1.3 Subscribers agree
and accept that all of the information provided by them to AadiTourism
while setting up their User Account or at any other time, shall be true,
proper, correct, complete and accurate in all respects. Subscribers
also agree and understand that AadiTourism does not undertake any
verification to confirm the accuracy of any information provided by the
Subscribers on the Site. AadiTourism will
not be liable to any Subscriber in the event, any information provided
by another Subscriber is false, incomplete, inaccurate, misleading or
fraudulent.
2.2 Services and Terms of Use
2.2.1 AadiTourism website contains general information about medical conditions and
certain treatments for such medical conditions. The information is not
advice, and should not be treated as such. AadiTourism and its
affiliates or employees do not directly or indirectly practice medicine,
nor do they dispense medical advice, diagnosis, treatment or any other
medical service as part of this Site. All the subscriber agrees that
they shall consult a doctor before acting upon the information provided
on the website.
2.2.2 On the website there are many sponsors and
many vendors selling their respective products and services. All the
Subscriber understands that all such vendors are independent and are not
the affiliates of AadiTourism. All subscribers shall follow the
instructions and respective Terms and Condition of the independent
vendors before using the services and products sold by such vendors.
AadiTourism shall in no way be responsible for any loss suffered by the
subscribers owing to the use of such third party products and services.
2.2.3. If any suggestions, proposals, plans, or other materials,
provided by the Subscribers then the Subscriber agrees that AadiTourism
can display the comment as testimony and shall be under no obligation
(1) to maintain any comments in confidence; (2) to pay compensation for
any comments; or (3) to respond to any comments.
2.2.4 AadiTourism
may, but have no obligation to, monitor, edit or remove content that
AadiTourism determine in its sole discretion are unlawful, offensive,
threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these
Terms of Service. Subscribers agree that their comments will not violate
any right of any third-party, including copyright, trademark, privacy,
personality or other personal or proprietary right. Subscribers further
agree that their comments will not contain libelous or otherwise
unlawful, abusive or obscene material, or contain any computer virus or
other malware that could in any way affect the operation of the Service
or any related website.
3. FEE
3.1 AadiTourism is not charging
any fee for information being displayed on its website . Subscribers are requested to use their discretion and are
requested to consult a specialist doctor before acting on the
information provided on the website.
4. LIMITATION OF LIABILITY
4.1 The information hosted on the website is provided on “as is” basis without any representations or warranties, express or implied by the AadiTourism. Further, AadiTourism makes no representations or warranties in relation to the medical information provided on the website. Without prejudice, to the generality of the foregoing paragraph, AadiTourism does not warrant that the information on the website will be constantly available, or available at all; and the information on the website is complete, true, accurate, up-to-date, or non-misleading. On becoming a Subscriber with AadiTourism i.e. accessing the website, Subscribers acknowledge and agree to waive any and all rights to, or claims for, damages (including special and consequential damages), costs, expenses, proprietary or any other compensation of any kind whatsoever against the AadiTourism and AadiTourism’s partners, that arise directly or indirectly with respect to Subscribers use and/or reliance on the information provided in the Site.
4.2 AadiTourism nor its affiliates, shall be liable to the Subscribers for any incidental, consequential, special, indirect or exemplary damages arising out of its information hosted on its website, including lost profits or costs of cover, loss of use or business interruption or the like, regardless of whether the party was advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, AadiTourism shall have no monetary liability to any Subscriber for any cause (regardless of the form of action) under or relating to this agreement.
5. EXCLUSION OF WARRANTIES
5.1
Subscribers acknowledge and agree that AadiTourism will be using the
information provided on the website at
Subscriber’s own risk and that AadiTourism and the affiliates are in no
way responsible, and provide no warranty (express or implied) and / or
guaranty of any kind with respect to, the information provided therein.
5.2 The services and products are provided on an “as is” and “with all
faults” basis and AadiTourism and its suppliers expressly disclaim all
warranties, express or implied, including but not limited to, the
implied warranties of non-infringement, merchantability, satisfactory
quality, accuracy, title and fitness for a particular purpose. This
disclaimer of warranties is an essential condition of the agreement.
6. GENERAL TERMS
6.1 Intellectual Property
6.1.1 Subscribers acknowledge and agree that the statutory and other
proprietary rights in respect of patents, designs, copyright,
trademarks, trade secrets, processes, formulae, systems, drawings, data,
specifications, documents, and other like rights relating to the
Services or displayed or referred to on the AadiTourism’s website are owned by the Company or in some cases third
parties. The Subscriber must not reproduce copy, transmit, adapt,
publish or communicate or otherwise exercise the intellectual property
rights in the whole or any part of the material contained on the
AadiTourism’s Site except with the prior
written consent of AadiTourism.
6.3 Compliance with Law
6.3.1
AadiTourism may disclose information that is necessary to comply with
any applicable law, regulation, legal process or governmental request.
In addition, we may disclose any information when it is necessary to
prevent physical harm or financial loss or in connection with suspected
or actual illegal activity.
6.4 Updates
6.4.1 AadiTourism may
update its Policies from time to time. AadiTourism will notify you of
any changes by posting the new Policy on this page. You are advised to
review this Policy periodically for any changes. Changes to this Policy
are effective when they are posted on this page.
6.5 Disclaimer
6.5.1 Subscriber’s use of the Service in entirely at his/her own risk. The AadiTourism makes no representation or warranty about the accuracy or suitability of the Services or about the information or links provided on the Site. AadiTourism and its officers, employees and agents accept no responsibility for any loss or damage however caused (including through negligence) that the Subscribers may suffer directly or indirectly.
6.5 FORCE MAJEURE
6.5.1 Subscribers agree and understand that AadiTourism, AadiTourism’s affiliates and Associates and Partner may not be able to perform their respective obligations in an event of Force Majeure and shall not be liable for any losses suffered by Subscribers in the event of Force Majeure.
7. ARBITRATION
7.1 Subscribers hereby agree that any and all disputes, claims, questions, or disagreements arising out of or in relation to these Terms and Conditions. The Parties shall endeavour to settle such disputes amicably through discussion within a period of 30 days from the date of notice by either party of the dispute. Failure to which shall lead to initiation of Arbitration proceedings as specified under the law of arbitration applicable in India, i.e. the Arbitration and Conciliation Act, 1996 (as amended or substituted) from time to time.
7.2 Notice for the Arbitration shall be served within 30 days of failure of parties to settle the dispute amicably through discussion. The dispute(s) shall be referred to a Sole Arbitrator. The venue of Arbitration shall be (Bihar) India and the proceedings shall be conducted in English language. Further, the notice served on the email ID of the Subscriber(s) shall be deemed to be considered as valid service of the notice.
8. Governing Law and Jurisdiction
8.1
This Agreement shall be governed by the laws of India in all material
particular and each Party hereby submits to the exclusive jurisdiction
of the Courts of Delhi.
9. Severability
9.1 In the event that
any provision of this T&C is declared by any judicial or other
competent authority to be void, voidable, illegal or otherwise
unenforceable or indications of the same are received by either of the
Parties from any relevant competent authority, the Parties shall amend
that provision in such reasonable manner that achieves the intention of
the parties without illegality or it may be severed from this T&C
and the remaining provisions of this T&C shall remain in full force
and effect.
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