By using this Website, you agree that you are bound by the terms of this Terms of Use. This Terms of Use is formed between you and Neo India Lifeline Private Limited, of Office No. 511, Shapath V, SG Highway, Prahladnagar, Ahmedabad, Gujarat 380015, India (hereinafter referred to as “Neo”).
We are the owner and operator of this Website and the owner or licensee of all intellectual property rights in and relating to the Website and its content. Subject to these Terms of Use, we grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Website for your personal and lawful use. By accessing or using the Website, you agree to be bound by these Terms of Use.
If you do not agree to these Terms of Use, you must not access or use the Website. We reserve the right to amend, modify or update these Terms of Use at any time by publishing the revised Terms of Use on the Website, and such amendments shall become effective upon their publication unless otherwise specified. Your continued access to or use of the Website following the publication of any revised Terms of Use constitutes your acceptance of those revised Terms of Use. If you do not agree to any amendment, you must immediately cease accessing and using the Website. While we are under no obligation to provide prior notice of any amendments, we may, at our discretion, notify users of material changes where we consider it appropriate. You are responsible for reviewing these Terms of Use periodically to remain informed of any updates, and we recommend that you retain a copy of the current Terms of Use for your records.
In this Terms of Use:
includes, but is not limited to:
but does not include:
In this Terms of Use, unless the context otherwise requires:
This Terms of Use is not to be interpreted against the interests of a Party merely because that Party proposed this Terms of Use or some provision of it or because that Party relies on a provision of this Terms of Use to protect itself.
3.1.We grant the Licence to you, the Customer, and you accept the Licence on the terms of this Terms of Use.
3.2.The Licence:
3.3.We are not required to provide updates or upgrades of the website under this Terms of Use.
4.1.Notwithstanding anything written elsewhere in this Terms of Use or in any other document, we retain ownership of the website whether in its original form or as modified by you (or by your officers, employees, contractors, associates, affiliates or agents).
4.2.All Intellectual Property Rights in the website are vested in and retained by us. For the avoidance of doubt, nothing in this Terms of Use gives rise to any assignment, acquisition, transfer or conveyance of any kind whatsoever of any Intellectual Property Rights to you.
4.3.If you correspond or otherwise communicate with us or post or publish any statement about our website, you automatically grant to us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence to use, copy, display and distribute that content and to prepare derivative works of the content or incorporate the content into other works in order to publish and promote that content. This may include, but is not limited to, publishing testimonials and developing your ideas and suggestions for improved products or services we provide.
4.4.You indemnify us against any loss or damage suffered or incurred by us as a result of your infringement (or the infringement by your officers, employees, contractors, associates, affiliates or agents) of the Intellectual Property Rights attaching to the website.
5.1.You must not attempt to or succeed in copying, decompiling or disassembling, reverse engineering, hacking, hijacking, defacing, mounting any form of denial of service attack, or discovering or accessing any source code related to the website (together, Hacking), in whole or in part, under any circumstances except with our prior written permission (which we can grant or withhold in our absolute discretion).
5.2.You must notify us immediately if you become aware of any Hacking of the website or any part of it.
5.3.You acknowledge that any Hacking of the website would cause significant harm to our business which could not be calculated by damages alone, and that the award of other legal and equitable remedies such as specific performance would be required in addition to monetary damages to adequately compensate us for any Hacking of the website by you or any other person. You fully indemnify us and hold us harmless against any liability incurred as a result of any Hacking of the website by you (or by your officers, employees, contractors, associates, affiliates or agents).
6.1.You must not modify, alter or improve upon the website or any part of it, or combine or incorporate the website or any part of it into any other website, program or system, without our prior written permission (which may be granted or withheld in our absolute discretion).
6.2.You fully indemnify us and hold us harmless against any liability incurred if any modifications, alterations or improvements to the website are made by you (or by your officers, employees, contractors, associates, affiliates or agents), whether authorised or otherwise, which infringe our Intellectual Property Rights or those of any third person.
6.3.If the website is modified, altered or improved upon in any way (with or without our permission), the website and all of its modifications, alterations and/or improvements will remain our property exclusively, and this Terms of Use will continue to apply to the website (as modified, altered or improved).
You are wholly responsible at all times for protecting the website from unauthorised access, use or damage. Risk of loss or damage to the website passes to you on the Commencement Date.
8.1.You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Terms of Use (or any conduct or breach of this Terms of Use by your officers, employees, contractors, associates, affiliates or agents).
8.2.We will provide the website to you under this Terms of Use with due care and skill, but we do not warrant that we will do so without fault or disruption. To the extent allowed by law, we exclude all liability to you or anyone else for loss or damage of any kind (however caused or arising) relating in any way to the website including, but not limited to, loss or damage you might suffer as a result of:
8.3.We do not warrant, endorse, guarantee or assume responsibility for any products or services (or claims or statements about those products or services) that you may view in connection with the website — particularly those made by third parties. We will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products and services.
8.4.We do not take any responsibility for direct or indirect damages or consequential losses suffered by use of or in connection with the website. Where any law implies a warranty into this Terms of Use which may not be lawfully excluded, then to the extent allowed by law, our liability for breach of the warranty will, at our option, be limited to the resupply of our website and/or services, or the payment of the cost of resupply of our website and/or services to you.
9.1.We may terminate this Terms of Use, the Licence we grant to you under it, and your access to the website, immediately and without any further liability or obligations owing to you, if you breach or threaten to breach any of your material obligations under this Terms of Use, or if we otherwise determine (in our absolute discretion) that it is necessary to do so.
9.2.Any termination of this Terms of Use (and the Licence we grant to you under it) does not affect any of our accrued rights or liabilities, nor shall it affect any provision of this Terms of Use which is expressly or by implication intended to continue in force after such termination.
9.3.The following clauses survive the termination of this Terms of Use: clauses 2.1, 4, 4.4, 6, 7, 8, 9, 10 and 11.
10.1.Subject to clause 10.2, any condition or warranty which would otherwise be implied in this Terms of Use is hereby excluded.
10.2.Where legislation implies any condition or warranty into this Terms of Use, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of, or exercise of, or liability under, such condition or warranty, the condition or warranty will be deemed to be included in this Terms of Use. However, our liability for any breach of any such condition or warranty will be limited, at our option, to one or more of the following:
11.1.You and we acknowledge our continuing confidentiality obligations under this Terms of Use.
11.2.A Party will not, without the prior written approval of the other Party, disclose the other Party’s Confidential Information.
11.3.A Party will not be in breach of this clause 11 in circumstances where it is legally compelled to disclose the other Party’s Confidential Information.
11.4.Each Party will take all reasonable steps to ensure that its employees and agents, and any subcontractors engaged for the purposes of this Terms of Use, do not make public or disclose the other Party’s Confidential Information.
11.5.You must inform us immediately upon becoming aware of any breach of this clause 11 or of any unauthorised, unintended or undesirable disclosure of our Confidential Information, and must provide us with all reasonable assistance in remedying any such breach or disclosure.
11.6.Notwithstanding anything written elsewhere in this Terms of Use, a Party may disclose the terms of this Terms of Use (other than Confidential Information of a technical nature) to its solicitors, auditors, insurers and accountants.
12.1.If a dispute arises under this Terms of Use (Dispute), a Party must comply with this clause 12.1 before starting any arbitration or court proceedings (except proceedings for urgent injunctive relief).
12.2.A Party claiming that a Dispute has arisen must give the other Party notice setting out details of the Dispute.
12.3.During the fourteen (14) days after a notice is given under clause 12.2 (or a longer period if the Parties to the Dispute agree in writing), each Party to the Dispute must use reasonable efforts to resolve the Dispute. If the Parties cannot resolve the Dispute within that period, a Party may refer the Dispute to binding arbitration to be conducted in Ahmedabad, Gujarat, India in accordance with the Arbitration and Conciliation Act, 1996, and conducted by one or more arbitrators appointed by mutual agreement of the Parties.
12.4.A Party must not start court proceedings in relation to a Dispute until it has exhausted the mandatory procedures of this clause 12. Neither Party is prevented from applying to a court at any stage for urgent injunctive relief.
A notice, consent or other communication under this Terms of Use is only effective if it is:
A Party’s mail address and email address are as that Party notifies the other Party in writing from time to time.
If any notice, consent, information, application or request is delivered, or a read report in relation to it is received, on a day that is not a Business Day, or if on a Business Day, after 5pm on that day, it is to be treated as having been given or made at the beginning of the next Business Day.
You may not assign, whether in whole or in part, your benefit or any of your rights or obligations under this Terms of Use, without our prior written consent, which we may grant or withhold in our absolute discretion.
This Terms of Use will be governed by and interpreted in accordance with the laws of India. You irrevocably submit to the non-exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India. If any part of this Terms of Use is found to be void, unlawful or unenforceable, then that part will be deemed to be severable from the balance of this Terms of Use, and the severed part will not affect the validity and enforceability of any remaining provisions.
If we do not exercise or enforce any right or provision under this Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Terms of Use will only be effective if it is in writing and signed by us.
Should any part of this Terms of Use be or become invalid, illegal or unenforceable, it will be severed from this Terms of Use to the extent of its invalidity, illegality and/or unenforceability only, and the remainder of this Terms of Use will remain in full force and effect.
This Terms of Use is interdependent with any additional written terms and conditions attaching to any applications that operate on the website. In the event that there is any inconsistency between such terms and conditions and this Terms of Use, the terms of this Terms of Use will prevail over the other written terms and conditions to the extent of that inconsistency only.
*Regulatory status does not imply CDSCO endorsement.